Minnesota Statutes

Minn. Stat. § 161.43 (2026)

Relinquishment Of Highway Easement

✓ current as of May 2026

Find cases: SyfertCases citing this section MN-REVrevisor.mn.gov (official) Justiaon Justia CornellLII Search CasesGoogle Scholar

The commissioner of transportation may relinquish and quitclaim to the fee owner an easement or portion of an easement owned but no longer needed by the Transportation Department for trunk highway purposes, upon payment to the Transportation Department of an amount of money equal to the appraised current market value of the easement. If the fee owner refuses to pay the required amount, or if after diligent search the fee owner cannot be found, the commissioner may convey the easement to an agency or to a political subdivision of the state upon terms and conditions agreed upon, or the commissioner may acquire the fee title to the land underlying the easement in the manner provided in section 161.20, subdivision 2. After acquisition of the fee title, the lands may be sold to the highest responsible bidder upon three weeks' published notice of the sale in a newspaper or other periodical of general circulation in the county where the land is located. All bids may be rejected and new bids received upon like publication. If the lands remain unsold after being offered for sale to the highest bidder, the commissioner may retain the services of a licensed real estate broker to find a buyer. The sale price may be negotiated by the broker, but must not be less than 90 percent of the appraised market value as determined by the commissioner. The broker's fee must be established by prior agreement between the commissioner and the broker, and must not exceed ten percent of the sale price for sales of $10,000 or more. The broker's fee must be paid to the broker from the proceeds of the sale.

Notes of Decisions

Cited in 5 cases, 1985–2010 · leading case: Larson v. State, 790 N.W.2d 700 (Minn. 2010).

Sort: Relevance Newest Treatment

Larson v. State, 790 N.W.2d 700 (Minn. 2010). · cites it 7× “43 (2008), which permits the Commissioner of Transportation to relinquish and quitclaim to the fee owner an easement or portion of an easement owned but no longer needed by the Transportation Department for trunk highway purposes, upon payment to the Transportation Department of…”

Ferrell v. Dep't of Transp., 435 S.E.2d 309 (N.C. 1993). “6, 8 (codified at Minn. Stat. § 161.43 (1986)). The North Carolina General Assembly, however, has acted quite differently in this area.”

Larson v. State, 776 N.W.2d 727 (Minn. Ct. App. 2009). · cites it 4× “See Minn.Stat. § 161.43 (2008) (allowing commissioner of transportation *730 to discharge "an easement or portion of an easement no longer needed" (emphasis added)).”

Schreier v. State, 369 N.W.2d 599 (Minn. Ct. App. 1985). · cites it 26× “Schreier sought a Writ of Mandamus ordering the State to quitclaim an easement to him for an amount equal to the acquisition price plus interest compounded annually pursuant to Minn.Stat. § 161.43 (1982). The trial court concluded there was no enforceable contract between the…”

Mortenson v. State, 446 N.W.2d 674 (Minn. Ct. App. 1989). · cites it 18× “Because Minn.Stat. § 161.43 neither éxpressly nor impliedly requires a jury trial to determine appraised current market value, we reverse.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.